20 May 2011 · Planning Committee
2, Marina Road, Douglas, Isle Of Man, IM1 2he
The proposal sought to vary condition 4 of PA 99/01898/C to allow the Istanbul hot food takeaway at 2 Marina Road, Douglas, to operate until 0130hrs Monday-Friday and 0400hrs Saturday-Sunday, extending the previous temporary permission from PA 09/00907/R which expired after one year.
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The Planning Committee refused permission because the proposed permanent one-hour extension of takeaway opening hours would result in increased noise, disturbance, and criminal activity to the detrime…
General Policy 2
Requires development not to adversely affect amenity of local residents or character of locality, and to take account of community safety. Assessed as failed due to predicted harm from increased noise/disturbance/crime during extended hours, supported by police statistics from trial period showing rises in disturbances directly in extension timeframe.
Community Policy 7
Requires new development design to prevent criminal/anti-social behaviour as far as practicable. Inspector found proposal contrary as extension would exacerbate crime generator effect of takeaway, confirmed by 68% incident rise and 4x disturbances in trial extension period.
no objection
Isle of Man Constabulary formally objects to the variation of opening hours for the late-night takeaway at 2 Marina Road, citing it as a crime generator with evidence of increased disturbances during extended hours. Douglas Corporation has no objection.
Key concern: late-night takeaway acts as crime generator causing significant increase in disturbances and unsustainable policing demands
Isle of Man Constabulary
ObjectionThe police therefore wish to formally object to this application.; should the extension be granted, it is highly probable that Marina Road will see a significant increase in the level of criminal and anti-social behaviour during this period with a concomitant and associated increase in noise nuisance.; There was a 68% increase in the overall number of incidents during the requested extension hour whilst the temporary extension was in force; Four times as many disturbances occurred within the Marina Road environment during the requested extension hour
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals listed below.; 11/00264/C Variation of condition 4 of PA 99/01898/C (Extending temporary open hours under 09/00907/R), 2 Marina Road
The original application sought to permanently extend the temporary opening hours approved on appeal for one year under 09/00907/R, varying condition 4 of PA 99/01898/C to allow operation until 0130 weekdays and 0400 weekends. It was refused by the Planning Committee due to concerns over increased crime and disorder evidenced by Police statistics during the trial period. The appellant argued unfair policing practices, disputed causation of incidents, business necessity, and lack of resident objections. The Council defended the refusal citing Police evidence of a 68% rise in incidents, particularly during extended hours. The Inspector found the Police data showed indisputable increases in disturbances, rejected appellant's arguments due to lack of evidence tying incidents solely to the Star Grill, and concluded the extension would harm amenity contrary to policies GP2 and CP7. The Minister accepted the Inspector's recommendation to dismiss the appeal.
Precedent Value
Demonstrates Police crime data from trial periods can decisively outweigh economic claims lacking evidence; appellants must provide robust proof (e.g. accounts) for business impacts and cannot rely on competitor breaches to justify extensions. Emphasises planning focus on amenity protection enables enforcement against restricted hours.
Inspector: Stephen Amos MA(Cantab) MCD MRTPI
